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75A - PH - EIR 1584 E SANTA CLARA AVE
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75A - PH - EIR 1584 E SANTA CLARA AVE
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Last modified
9/11/2014 3:43:48 PM
Creation date
9/11/2014 2:21:00 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
9/16/2014
Destruction Year
2019
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CA Codes(gov:51200- 51207) <br />the formal review is being undertaken and that information to aid <br />the assessor's review shall be submitted within 30 days of the date <br />of the notice to the parties. Any information submitted to the <br />assessor shall be served on the other party who shall have 30 days to <br />respond to that information to the assessor. If the response to the <br />assessor contains new information, Lhe party receiving that response <br />shall have 20 days to respond to the assessor as to the new <br />information. All submittals and responses to the assessor shall be <br />served on the other party by personal service or an affidavit of <br />mailing. The assessor shall avoid ex parts contacts during the formal <br />review and shall report any such contacts to the department and the <br />landowner at the same time the review is complete. The assessor shall <br />complete the review no later than 120 days of receiving the request. <br />(3) At the conclusion of the formal review, the assessor shall <br />either revise the cancellation valuation or determine that the <br />original cancellation valuation is accurate. The assessor shall send <br />the revised valuation or notice of the determination that the <br />valuation is accurate to the department, the landowner, and the board <br />or council considering the petition to cancel the contract. The <br />assessor shall include a brief narrative of what consideration was <br />given to the items of information and responses directly relating to <br />the cancellation value submitted by the parties. The assessor shall <br />give no consideration to a party's information or response that was <br />not served on the other party. If the assessor denies a formal <br />review, a brief narrative shall be provided to the parties indicating <br />the basis for the denial, if requested. <br />(c) For purposes of this section, the valuation date of any <br />revised valuation pursuant to formal review or following judicial <br />challenge shall remain the date of the assessor's initial valuation, <br />or his or her initial recomputation pursuant to Section 51283.4. For <br />purposes of cancellation fee calculation in a tentative cancellation <br />as provided in Section 51283, or in a recomputation for final <br />cancellation as provided in Section 51283.4, a cancellation value <br />shall be considered current for one year after its determination and <br />certification by the assessor, <br />(d) Notwithstanding any other provision of this section, the <br />department and the landowner may agree on a cancellation valuation of <br />the land. The agreed valuation shall serve as the cancellation <br />valuation pursuant to Section 51283 or Section 51283.4. The agreement <br />shall be transmitted to the board or council considering the <br />petition to cancel the contract. <br />(e) This section represents the exclusive administrative procedure <br />for appealing a cancellation valuation calculated pursuant to this <br />section. The Department of Conservation shall represent the interests <br />of the state in the administrative and judicial remedies for <br />challenging the determination of a cancellation valuation or <br />cancellation fee. <br />51205. Notwithstanding any provisions of this chapter to the <br />contrary, land devoted to recreational use or land within a scenic <br />highway corridor, a wildlife habitat area, a saltpond, a managed <br />wetland area, or a submerged area may be included within an <br />agricultural preserve pursuant to this chapter. When such land is <br />included within an agricultural preserve, the city or county within <br />which it is situated may contract with the owner for the purpose of <br />restricting the land to recreational or open space use and uses <br />compatible therewith in the same manner as provided in this chapter <br />for land devoted to agricultural use. For purposes of this section, <br />Page 4 of 6 <br />http:// www. leginfo. ea. gov/ cgi- bin /displayeoc7 eiT &v&group= 51001 -52000 &file =5... 8/19/2013 <br />
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